A former waitress at Moody’s Diner in Waldoboro has agreed to dismiss her religious-discrimination lawsuit against the well-known restaurant and settle the case out of court.

Attorneys for Allina M. Diaz of Waldoboro and Moody’s filed a motion Tuesday in U.S. District Court in Portland to dismiss the lawsuit, according to court records.

Terms of the settlement were not available, and messages left Tuesday with Rebecca Webber, the attorney for Diaz, and Janet V. Britton, the attorney representing Moody’s Diner, were not returned. But court records dated Tuesday state that the parties agreed to a voluntary dismissal of the complaint.

“Both parties waive all rights of appeal and each party will bear its own costs,” the filing states. Court documents also indicate that the parties have “entered into an agreement to resolve this matter in its entirety.” Out-of-court settlements are not typically publicized.

In November, the Maine Human Rights Commission upheld Diaz’s complaint that her employer discriminated against her on religious grounds after she began dating a son of the popular restaurant’s co-owner.

An investigator for the commission said Dan Beck discriminated against Diaz because of her lack of religious faith, in effect creating a hostile workplace. At the time, Diaz was dating and living with Beck’s son, Nathan Beck.

Dan Beck, who is devoutly religious, reportedly told Diaz and his son to seek employment elsewhere “because of their destructive lifestyle and not taking a path to Jesus.”

In March, the commission declined to reopen the case after Gov. Paul LePage tried to intervene on behalf of the owners. The governor’s involvement elevated the case’s profile and prompted accusations that he was meddling in the work of an agency that investigates bias claims in employment, housing and education.

Webber later told the Portland Press Herald that Diaz would likely sue in federal court “to be out of the reach of unnamed Maine politicians. We need a system free of influence.”

Diaz did file suit in U.S. District Court on May 4, according to court records.

Around that time, The Lincoln County News, a weekly newspaper, reported that Diaz was sentenced in Lincoln County Superior Court to four months in jail and two years of probation after pleading guilty to trafficking heroin. The case was prosecuted by the Maine Attorney General’s Office.

Diaz was represented by defense attorney William Avantaggio, who could not be reached for comment Tuesday night.

Diaz alleged in her lawsuit that Moody’s Diner, also known as Moody’s Restaurant, discriminated against her on the basis of religion. The suit said she started working at Moody’s Diner as a dishwasher in April 2002, but it wasn’t until October 2012, when she started dating Nate Beck, that the alleged discrimination occurred.

The court documents claim that because Diaz did not hold the same religious beliefs as her employer, she was threatened with being fired, a situation that “altered the terms and conditions of her job, creating great stress, anxiety, fear and emotional harm.”

In her original complaint, Diaz sought compensation for her suffering – no amount was mentioned – and for a judgment declaring Moody’s practices as unlawful.

Dennis Hoey can be contacted at 791-6365 or at:

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